Legal Opinion
In Re Buehne Farms, Inc.
United States Bankruptcy Court, S.D. Illinois
Decided January 26, 2005No. 19-04001PublishedCited by 12 opinions
1Opinion of the Court
OPINION
KENNETH J. MEYERS, Chief Judge.
This dispute arose when Ag Lease or Loan, L.L.C. [sic] (hereafter, Ag) and its assignees, U.S. Bank, as successor in interest to Firstar Bank, and Hillcrest Bank (hereafter collectively, “movants”) moved to compel the debtor to assume or reject two agreements that movants characterize as leases. The debtor opposed that characterization, arguing that the agreements are disguised security agreements. Based on the arguments raised and the evidence before the Court, the Court finds that the agreements are disguised sales.
The debtor entered into two nearly…
2Cases cited7 opinions
- In the Matter of Marhoefer Packing Company, Inc., Bankrupt, Appeal of Robert Reiser & Company, Inc., CreditorCourt of Appeals for the Seventh Circuit · 1982
- In Re: Pillowtex, Inc. Duke Energy Royal, LLC v. Pillowtex CorporationCourt of Appeals for the Third Circuit · 2003
- In Re Keith Alan Powers, Debtor. Keith Alan Powers v. Royce Inc., D/B/A Royce RentalsCourt of Appeals for the Seventh Circuit · 1993
- Orix Credit Alliance, Inc. v. James Pappas and Parashevic PappasCourt of Appeals for the Seventh Circuit · 1991
- Auburndale State Bank v. Dairy Farm Leasing CorporationCourt of Appeals for the Seventh Circuit · 1989
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- 500 James Hance Court v. Pennsylvania Prevailing Wage Appeals BoardSupreme Court of Pennsylvania · 2011
- Worldcom, Inc. v. General Electric Global Asset Management Services (In Re Worldcom, Inc.)United States Bankruptcy Court, S.D. New York · 2006
- In Re Gateway Ethanol, L.L.C.United States Bankruptcy Court, D. Kansas · 2009
- Mason v. Heller Financial Leasing, Inc. (In Re JII Liquidating, Inc.)United States Bankruptcy Court, N.D. Illinois · 2006
- Sunshine Heifers, LLC v. Citizens First Bank (In Re Purdy)Court of Appeals for the Sixth Circuit · 2014
7 more not listed; retrieve them via the Exa API.